Deck 15: Criminal Procedure Before Trial

Question 1

An interrogation is:

A) a questioning process done while the defendant's attorney is present
B) a questioning process conducted by the court at the arraignment
C) when an officer questions a person he or she believes to have committed a crime
D) when a judge questions a person believed to have committed a crime
E) none of the above

Answer 1

C

Question 2

The exclusionary rule is a rule of criminal procedure stating that evidence obtained illegally cannot be used at trial.

Answer 2

True

Question 3

The exclusionary rule is a rule of criminal procedure stating that evidence obtained illegally

A) cannot be used at the arraignment
B) cannot be used at trial
C) never really existed
D) cannot be seized
E) must be returned to the person from whom it was seized

Answer 3

B

Question 4

The Sixth Amendment provides:

A) the accused shall have the right to assistance of counsel for his defense
B) the defendant has a right to a jury trial
C) the right to a speedy trial
D) the right to subpoena witnesses for trial
E) all of the above

Question 5

The Fourth Amendment prohibits:

A) unreasonable searches
B) unreasonable seizures
C) unlawful arrest
D) an initial appearance without an attorney
E) a and b

Question 6

The Fifth Amendment contains the due process clause.

Question 7

Hot pursuit is an exception to the warrant requirement.

Question 8

An arrest is the physical seizure of a person by the government.
Multiple Choice

Question 9

Due process refers to the system of rules and regulations designed to assure justice in the American legal system.

Question 10

The warrant requirement is designed to protect law enforcement officers.

Question 11

The Fourth Amendment prohibits unreasonable searches and seizures.

Question 12

Which of the following is not a pretrial motion in a criminal trial?

A) motion to dismiss
B) motion to suppress evidence
C) motion for a change of venue
D) motion for a grand jury
E) none of the above

Question 13

What must be established before a warrant may be issued?

A) guilt
B) witnesses exist
C) evidence exists
D) an informant exists
E) probable cause

Question 14

Which of the following is not an exception to the warrant requirement?

A) plain-view doctrine
B) hot pursuit
C) exigent circumstances
D) exclusionary rule
E) none of the above

Question 15

Hearsay is something a third person heard.

Question 16

Before a warrant may be issued under the Fourth Amendment, probable cause must be established.

Question 17

Criminal procedure is a branch of federal law.

Question 18

Formal charges may take the form of:

A) an information
B) a warrant
C) an indictment
D) a grand jury
E) a and c

Question 19

The warrant is intended to protect persons from:

A) overeager law enforcement behavior
B) bad informants
C) exigent circumstances
D) all of the above
E) none of the above

Question 20

An affidavit is:

A) a sworn statement by a police office
B) a sworn statement by the defendant
C) a statement made in open court and then printed for the record
D) a non-oral statement of facts that is confirmed by oath or affirmation
E) none of the above